What has come concerning oaths, 3rd- 4th Lesson | Benefits from Muntaqaa Ibn Al-Jarood

بســـم اللــه الرحــمــن الـرحـــيــم

By our Shaykh, the 'Allaamah, the Sincere Advisor, Abu 'Abdirrahman Yahya bin 'Ali Al-Hajoori - may Allaah preserve him - 

📚*(Al-Yameen Al-Ghamoos)*

*Al-Yameen Al-Ghamoos is from the major sins no expiation can expiate it because it is enormous* But only repentance can expiate it or freeing oneself from any wrongdoings if there was any wrong done to some one.

And in the hadith (Al-Yameen Al-Ghamoos leaves the houses empty....)

926 - Abu Saeed Al-Ashajj narrated to us, he said Wakee' narrated to us, he said Al-A'mash narrated to us, on the authority of Abee Waa'il, on the authority of 'Abdullah, may Allaah be pleased with him, said: the Messenger of Allaah ﷺ said: "Whoever takes an oath lyingly to devour by it the wealth of a Muslim, he will meet Allaah whilst He is angry with him." 

Then the verse was revealed;  

{إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا}

"Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths"

So Ash'ath bin Qais, may Allaah be pleased with him, entered and said: "What is Abu Abdurrahman telling you all? We said: "Such and such, he said: "Believe me, it was revealed concerning me, I had a quarrel with a man from my people about land we had, so I took the dispute to the Prophet ﷺ, so he said "Your evidence," so I didnt have evidence, so he said to him take an oath, so i said: "O Messenger of Allaah if he takes an oath.....so he the Messenger of Allaah ﷺ said: "Whoever takes an oath while lying in order to devour wealth of a Muslim whilst he is sinful will meet Allaah whilst He is angry with him." 

So the verse was revealed:

(إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا)

"Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths"

Hadith Abdullah bin Mas'ood, may Allaah be pleased with him,  and Al-Ash'ath bin Qais, may Allaah be pleased with him.

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The chain of the hadeeth with the author is authentic and it is Agreed upon.

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🔹*Explanation of the hadith*

↪️ The hadith came via Ibn Mas'ood, and the addition of Al-Ash'ath bin Qais strengthens the hadith and in it is the additional mutaaba'ah, and even if it only came via Ibn Mas'ood, may Allaah be pleased with him it would have been sufficient.

🔹*It was called Yameen Sabr *

Because he perseveres himself whilst he is lying and he constricts himself while he is lying.

↪️ And it has another name Al-Yameen Al-Ghamoos because it submerses its perpetrator in sin.

↪️ Their statement 'in sin', then "in the fire", as for the fire, it's not for us to conclude due to His statement:

(إِنَّ اللَّهَ لَا يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَاءُ)

"Verily, Allah forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases"

and Al-Yameen Al-Ghamoos is lesser than shirk.

↪️ And Al-Yameen Al-Ghamoos is from the major sins, by unanimous agreement because it consists of false testimony which those who authored writings concerning the major sins counted as a major sin.

↪️ And his statement "whoever swears an oath lyingly", there's two opinions concerning it:

*The first*: That he forces himself upon this oath and destroys himself and it's end result is destruction

*The second*: Being patient meaning being stouthearted upon his oath and this is destructive to ones religion.

↪️ And his statement 'to devour the wealth of a Muslim......this is general in regards to the truth and specific in regards to wealth and oathing can be for wealth or blood or other than that but wealth was specified due to it being that which is usually the case.

↪️ His statement 'the wealth of a Muslim', it's not allowed for him to wrong a Muslim due to the greatness of the rights of a Muslim.

↪️ His statement 'he will meet Allaah whilst He is angry with him': due to the statement of Allaah, the Most High:

(وَاعْلَمُوا أَنَّكُم مُّلَاقُوهُ)

"and know that you are to meet Him (in the Hereafter)"

Meaning meet His Lord and return to Him, 'he will and meet his Lord whilst He is angry with him, and in it is the affirmation of the attribute of anger for Allaah.

↪️ And in it is frightening the swearer before they perform the oath and to cast fear in to them saying that it leaves the houses in ruin and also with the two cursing each other, they are stopped at the fifth and reminded of Allaah and with fearing Allaah, and having taqwa.

↪️ His statement:

(إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا)

"Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths"

Everything of enjoyment in this world is partial in comparison to the religion, and nothing is equal to the religion, whether he lost all of his religion or (some of it) due to innovations or becoming like the one drowning in sin and this is a great loss. 

🔹 Al-Haafidh, may Allaah have mercy upon him, said regarding the expiation of Al-Yameen Al-Ghamoos, upon he (who perpetrates it) is repentance and returning whatever he wronged him in.

Those that stated that there is an certain expiation their statement is not the correct opinion.

🔹 It is understood from the apparent of the hadith that Tawriyah (equivocation) is not accepted in it and finding an escape, because Al-Yameen is according to the intention of requesting the swearing.

↪️There is a consensus that Tawriyah & Al-Hiyal (escape routes), are not a way out from escaping the Yameen Al-Gamoos

*The divisions of Al-Aymaan (oaths) are five*

Ibn Qudaamah, may Allaah have mercy on him, said: Al-Aymaan are divided into five parts:

*1 - Obligation.*

And that is when a person is saved from destruction as has been reported via Suwaid bin Handhalah, he said: "We left wanting (to go to) the Prophet ﷺ and with us was Waa'il bin Hujr, so an enemy of his siezed him, so the people became agitated to take an oath, and I took an oath that he is my brother, so we mentioned that to the Prophet ﷺ, so he said: "You were truthful, a Muslim is the brother of another Muslim." Reported by Abu Dawud, and An-Nasaa'ee. So the likes of this it is obligatory to save the person, and he could be singled out for taking an oath so it becomes obligatory and likewise saving himself for example if he was instructed to take oaths in being accused of killing and he is free from it.

*2 - The second is requested but not obligated (Mandoob)*

And it is to swear which is related to a benefit, like conciling between two disputants, or removing malice from the heart of a Muslim from the one swearing or other than him, or repelling an evil, so this is Mandoob: because doing these actions are requested but not obligated and the oath which is taking place is needed.

Even if he swears to do an action of obedience, or to leave and action of disobedience.

Secondly, what is not Mandoob; because the Prophet ﷺ and his companions didn't do this action for the most part, and the Prophet ﷺ didn't encourage anyone to do it nor did he recommend it and if it was obedience he would not of left it out, because it's from the same angle of vowing, and the Prophet ﷺ prohibited vowing, and said "It doesn't bring any good it just extracts (worship) from the stingy person." Agreed upon

*3 - The third is permissible*:

Like swearing upon a permissible action or leaving it, or swearing upon information with something, and he is truthful concerning it, or he thinks that he us truthful concerning it, for verily Allaah said:

(لَّا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُم)

"Allah will not call you to account for that which is unintentional in your oaths."

And from the forms of unintentional oaths is that he swears by something that he thinks it is upon what he swore for, then the opposite of it becomes made clear.

*4 - The fourth is disliked*

And it is that he swears upon a thing disliked, or abandoning something recommended, Allaah said:

(وَلَا تَجْعَلُوا اللَّهَ عُرْضَةً لِّأَيْمَانِكُمْ أَن تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ)

"And make not Allah's (Name) an excuse in your oaths against your doing good and acting piously, and making peace among mankind."

And it has been reported that Abu Bakr As-Sadeeq, may Allaah be pleased with him, swore that he will not spend on Mistah after he said about Aa'ishah what he said, an he was from those who participated in the great lie against Aa'ishah, may Allaah be pleased with her, so Allaah revealed:

(وَلَا يَأْتَلِ أُولُو الْفَضْلِ مِنكُمْ وَالسَّعَةِ أَن يُؤْتُوا أُولِي الْقُرْبَىٰ وَالْمَسَاكِينَ وَالْمُهَاجِرِينَ فِي سَبِيلِ اللَّهِ وَلْيَعْفُوا وَلْيَصْفَحُوا)

"And let not those among you who are blessed with graces and wealth swear not to give (any sort of help) to their kinsmen, Al-Masakin (the poor), and those who left their homes for Allah's Cause. Let them pardon and forgive."

And it is said the meaning of:

(وَلَا يَأْتَلِ)

Meanings "do not refrain from".

Also because the oath is preventing from doing acts of obedience, or it is causing to do an action which is disliked, so it becomes (in itself) disliked. 

So if it is said: If this was disliked then the Prophet ﷺ would have warned the Bedouin who asked about the prayers against this when he said: "Is there anything else upon me? And he ﷺ said, "No, except that you do extra voluntarily" whereby the bedouin said, "By the One who sent you with the truth, I will not increase upon this nor will I decrease from it," and the Prophet ﷺ did not rebuke him for this, rather he said, "The man will be successful if he is truthful." 

We would say: it does not necessitate that, for verily the Yameen is on abandoning the voluntary, it doesn't extend from leaving the voluntary, and even though he abandoned it (voluntary) he would not be rebuked against, and the clarification of the Prophet ﷺ suffices in that what he abandoned was voluntary, and the Prophet ﷺ clarified that with his statement "except that you do extra voluntarily" and that this Yameen even though it includes abandoning voluntary it includes doing the obligatory, and the preservation is upon it (the obligatory), from the angle that he doesn't decrease from it anything and the virtue of this overrides what counters it from abandoning voluntary, so the side of affirmation (of the obligatory) overrides the abandonment (of voluntary), for it is from this angle something recommended so how can it be rebuked, and the silent affirmation of this oath is a clarification of its ruling for the one in need of it, and it is that there is no taking to account for abandoning voluntary acts, and had he rebuked the swearer, the opposite of this would have happened, and many of the people would have fell into mistake into thinking that by abandoning it one acquires sin and the purpose would have been lost.

And from the divisions of disliked oath is swearing in buying and selling, for verily the Prophet ﷺ said, "The swearing of the one who bought the product, takes away the blessing."Reported by Ibn Majah.

*5 - The fifth is prohibited*

And it is to swear lyingly, for verily Allaah said deemed it blameworthy with his statement:

ْ(وَيَحْلِفُونَ عَلَى الْكَذِبِ وَهُمْ يَعْلَمُونَ)

"and they swear to a lie while they know."

And because lying is prohibited, so if the thing being sworn against is a lie, it's more greater in prohibition, and if it rendered void the right of someone, or devoured the wealth of an innocent, it is more severe, for it has been reported from the Prophet ﷺ said, "Whoever swears an oath lyingly to devour by it the wealth of a Muslim will meet Allaah whilst He is angry with him." And Allaah revealed concerning that:

(إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا)

"Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths."

And from the divisions of prohibited oaths is swearing to do an act of disobedience, or abandoning an obligation; for verily that which is being sworn upon is prohibited so the oath itself is prohibited, because it is a means to it, and the means to a thing takes the ruling of the goal.

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*(Conditions of the obligation of the expiation are five)*

1 - That he is of the age that one is held to account.

2 - That he chose to take the oath and was not forced.

3 - That he intended to take the oath and it doesnt become binding with that which he does not intend.

4 - That it's about a forthcoming matter, as for what has passed there is no expiation for it, and if he swears upon something that passed and he is lying it will be Al-Yameen Al-Ghamoos, and if he swears on something that has past thinking that it is like so and it came in opposition to it there is nothing upon him.

5 - Al-Hinth (Breaking the oath) is due to doing an action which he swore to leave or leaving an action in which he swore to do.

↪️ Like if he were to say: By Allaah i will not enter the house of Zaid and then not entering it, there is no expiation on him.

↪️ And if he entered the house of Zaid forgetfully nothing is upon him.

↪️ If he entered the house of Zaid forcefully nothing is upon him because he is forced.

↪️ If he entered the house of Zaid forgetfully he leaves and the oath remains binding upon him and the evidence of that is the statement of ﷺ "Verily Allaah has overlooked for my ummah for mistakes, and forgetfulness and what they are forced with." And this is what was chosen by Shaykh ul-Islaam Ibn Taymiyyah.

↪️ If he specifies a time:

And says By Allaah i will not enter tomorrow the house of so and so then the day after tomorrow he can enter and nothing is upon him.

🔹And in the hadith of this chapter is a severe punishment to the one who does this oath.

↪️ And in it is veneration to the sacredness of a Muslim, and veneration to his wealth and honour, and because of this Allaah presricbed upon the one that does this the fire.

🔹And in it is the judgement of the ruler does not change the legislative ruling, nor does it exit from its reality, for it is a judgment according to ijtihad.

↪️ And that the Prophet ﷺ does not know the unseen.

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Transcribed to Arabic and summarised by:

By Hamood Ath-Thawaabi

- may Allah reward him with good -

on the 23rd, Muharram, 1440H

Translated by: 

Abu 'Abdillah 'Omar bin Yahya Al-'Akawi

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